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HomeMy WebLinkAbout; Kubota, Jack & Patricia; 73-035572; Future Improvement Agreement/ReleaseL -’ .* , 8,~’ , , . . 3 2 z 4 .5 6 7 8 . .9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,- 25 26 .27 28 29 30 31 32 . I 496 c/ RECORDING REQUESTED BY AND p 'i ' 3 WHEN RECORDED MAIL TO CITY OF CARLSBAD l-200 Elm Avenue Carlsbd, California 92008 Documentary Transfer Tax$ &A~ - Computed on Full Valueof Property MAIL TAX BILL TO Conveyed, Owner Named on Line 7 at Or Computed on Full Value Less Lie c Address Named on Line 8 and Encumbrances Remaining at Time of Sale. lc%%il ~a$$$oqlF* N, irm ame . FUTURE IMPROVEMENT AGREEMENT . . of OWNER: CHARLES A. ANTHONY ADDRESS: 3000 Highland St., Carlsbad, CA 92008 DATED: February'6, 1973 PARTIES: The parties)to this agreement are the City of Carlsbad, a municipal corporation of the State of California, hereinafter referred to as CITY; and the person or persons mentioned on Line 7 of Page 1 hereof, hereinafter referred to as OWNER, without regard to number or gender. COVENANTS: It is mutually agreed by the parties hereto as follows 1. 2. 3. CITY hereby approves the Parcel Split No. 188, Highland and Adams Streets, (Assessor's Parcel #206-180-18 & 19) on that certain real property, warranted by OWNER to be wholly owned by him, described on Exhibit A, attached hereto and by this reference incorporated herein. Also shown for convenience sake on Attachment A, attached hereto and made a part hereof. CITY does hereby temporarily waive the requirement that OWNER install along the street frontage of said'property those certain public improvements listed on Exhibit B, attached hereto and by this reference incorporated herein. Upon written demand therefor by CITY, addressed to OWNER at the address mentioned on Line 8 of Page 1 hereof, OWNER shall forthwith, at OWNER's sole cost and expense, prepare plans and specifications, approved by CITY, for the construction -l- 0 73-8 . * , 1: 1: 1: 1; l! 2c 27 2; 2: 24 25 26 ,27 28 29 30 31 32 ii ii 1/ :, il II i 11 II I 21 3 4 5' 6 7 j, 8 9 3' 1, 2 3 1.11 5 I! 5 1 7 / 3 3 1 i I II ’ I j 1 Ii li II “I I i/ II 4. In the event title to said property or a part thereof is sold, the herein stated obligation shall automatically also become the obligation of the new owner,. 5. In the event OWNER fails to act as required in paragraph 3 above, after written demand therefor by CITY, CITY may perforr 6. OWNER's said obligations and OWNER shall upon written demand therefor, reimburse to CITY its costs therefor, This agreement shall be binding upon and inure to the benefit of the heirs, successors, assigns, and successors in interest in said real property, shall run with said real property, and shall create ,an equitable servitude upon said real property. CITY OF CARLSBAD, A Municipal Corporation of the State of California . By: . l 497 of said plublic improvements in the street frontage of said property, and shall then forthwith construct said public improvements according to said plans and specifications, . to the approval of CITY. The demand by CITY mentioned in .-this paragraph may, at CITY's sole discretion, demand said. work as to all said improvements on all .said property,,or as to any port ion thereof, and the failure by CITY to demand said work as to any of said improvements shall not constitu‘te a waiver by CITY of its continuing right to demand such work in the future. STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l On this j- day of fi/kctA~:-' , in the year I before me, /~~f"~Ai-c?,~~,~&~~~' I a Notary Public in and for L the State, personally appeared vu r"'! ,Di/\llW~ , known to me to be Mayor of the City of Carlsbad,'California, and known to me to be the person who executed the within instrument on behalf of -2- .*.’ 1: , ’ I 8 9 . 10 11 12 13 14 15 16 17 18 ‘19 20 21 22 23 24 25 26 APPROVED AS TO FORM: a27 28 30 31 32 496 - said p:Jblic corporation, agency or poLitica subdivision, and acknowledged to me that such City of Carlsbad, California executed the same. WITNESS my hand and official seal. Signature OFFICIAL SEAL : MARGARET E. ADAMS IQJI,SII P3tjilC. LAdkditlA PR;ILit-:,-L ii, ~lit 114 MY COMMISSION SAN elm cOuNTY EXPIRES FEBRUARY 15, 1974 1 c&5?* Qiik0Ny OWNER J . PRINCIP.4L OFFICE IM SAN DXGO COUlJ’l’/ MISSION EXPIRES DEC. 22, !r,;cj &tias~~~@J~ i ': -u- -. ._ I .' -:,?!I OWNER OWNER STATE dF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l , before me, the undersigned, a Notary Public in and for sai son?lly appeared / . ;h /)i:r F/fl& y &I.fA d?, AL~~~h’ l L : t I known to me to bedthe person/s whose name/s is/m subscribed to the within instrument and WITNESS my hand and official seal. Signature Cd/d ed or Printed) -3- ANTHONY P.S. #188 LEGAL DESCRIPTION Lots 13 and 14, Block C, BellaVista Subdivision, Map No. 2152, filed in the office of the County Recorder, San Diego County, on March 7, 1929. Assessor’s No. 206-180-18, and 206-180-19 EXHIBIT “A” 1. Grading and paving of adjacent public right of way to its centerline except that portion improved to City standards. 2. Construction of P.C.C. curb, gutter and sidewalk abutting all street frontages of property. 3. Planting of street trees or deposit 'of monies with the City to plant said trees. 4. Installation of street lights and payment of 18-month energy charges as required by City Engineer. All construction shall conform to City standards at time the work is done. - Exhibit "B" PS #188 ,‘I 1 i t 1 1 I : ! RECORlJEL!REClU -tip q;, $d;,,~;,;” x ,/~j,~~ /‘F D ‘r +~LE /PAGE NO 73-03554 ~0 i. F _____ cgo-ttjjj7jEsT OF I g$?‘“--\ // ’ -fl & - - ST-/=?EET OFffClAt rrECQRDS SAN DIE \ HARLEYF.BLOO~ RECORDER f :GOCOUNTYtCALIF. i ATTACHMENT "A" - ;: 4 ,-j-L.@ /